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EXPLANATORY NOTES . . . P.D. 29(?) 1

handle is hein.ali/relwsec0430 and id is 1 raw text is: ,PX L d4iLTORY NOTES ON 011it 'T2 6a -- SUB-SURLTYS1IP 156a Sub-Suretyship Defined. The courts have frequently been called upon to dis- tinguish between co-suretyship and a very different relation having something of th,3 same general appearance. In other words, he intended to become, and did become, a surety for a surety, an undertaking by no means rare or infrequent in oommer- oial dealings. as such a surety he is not liable to contribution. Bulkeley v. House, 62 Conn. 459, 462 (1893). One surety may be a co-surety with others, or he may be as between him and them, surety clone, not co-surety with them, and thus exempt from liability to contribute. Norton v. Coons, 6 N. Y. 33, 39 (1851). Ie refused to sign as a co-surety with the other sureties, but did sign as u surety for the whole, in which there was certainly nothing unlawful., Harris v. Warner, 13 Jend. 400, 402 (1835). The party in question signed &,s surety for both prior makers, and not as a co-surety. Oldham v.Broom, 28 Ohio St. 41, 54 (1875). They signed it as sureties for both the other makers, and not as co-sureties with the first surety co-maker. Bowser v. Rendell, 31 Ind. 128 (1869). The anellee's liability was that of a surety for all the other makers although one of them was also a surety. Baldwin v. Fleming, 90 Ind. 177, 180 (1883). The problem has usually arisen in a contest between the

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